# C_2010234EN.01000901.xml

| 28.8.2010 | EN | Official Journal of the European Union | C 234/9 |
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28.8.2010

EN

Official Journal of the European Union

C 234/9

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Judgment of the Court (Third Chamber) of 1 July 2010 (reference for a preliminary ruling from the Helsingin käräjäoikeus — Finland) — Sanna Maria Parviainen v Finnair Oyj

(Case C-471/08) (1)

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(Social policy - Directive 92/85/EEC - Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Articles 5(2) and 11(1) - Worker temporarily transferred to another job during her pregnancy - Compulsory transfer because of a risk to her safety or health and that of her child - Pay less than the average pay received before the transfer - Previous pay made up of a basic salary and various supplementary allowances - Calculation of the salary to which a pregnant worker is entitled during the period of her temporary transfer)

2010/C 234/13

Language of the case: Finnish

Referring court

Referring court

Helsingin käräjäoikeus

Parties to the main proceedings

Parties to the main proceedings

Applicant: Sanna Maria Parviainen

Applicant:

Defendant: Finnair Oyj

Defendant:

Re:

Re:

Reference for a preliminary ruling — Helsingin käräjäoikeus — Interpretation of Article 11(1) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (OJ 1992 L 348, p. 1) — Air hostess having worked as a purser, transferred on account of her pregnancy to ground activities which pay less than the post occupied before the transfer — Maintenance of remuneration equivalent to the remuneration received prior to the transfer

Operative part of the judgment

Operative part of the judgment

Article 11(1) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) must be interpreted as meaning that a pregnant worker who, in accordance with Article 5(2) thereof, has been temporarily transferred on account of her pregnancy to a job in which she performs tasks other than those she performed prior to that transfer, is not entitled to the pay she received on average prior to that transfer. In addition to the maintenance of her basic salary, such a worker is entitled, pursuant to Article 11(1), to pay components or supplementary allowances relating to her professional status, such as allowances relating to her seniority, her length of service and her professional qualifications. Although Article 11(1) of Directive 92/85 does not preclude the use of a method of calculating remuneration to be paid to such a worker based on the average amount of the allowances linked to working conditions of all the air crew in the same pay grade during a given reference period, the failure to take account of those pay components or supplementary allowances must be regarded as contrary to the latter provision.

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(1)  OJ C 19, 24.1.2009.

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